8 THE FREDERICK GERRING, JR 



the owner of the Gerring is finally barred and estopped, both 

 under the laws of Canada and of the United States, from 

 questioning the law or facts as determined or found by the said 

 judgment; and it is submitted that the United States, claiming on 

 behalf of the owner, are equally barred and estopped. 



13. The fishing, or acts or operations connected with fishing, for 

 which the Gerring was seized and condemned took place within 

 Canadian territorial waters and were illegal and anti-conventional. 

 The appropriate penalty was duly and conclusively adjudged by a 

 Canadian Court of competent jurisdiction, the proceedings of 

 which are, in the circumstances aforesaid, not subject to review 

 by this honourable tribunal. 



14. The judgment of the Supreme Court of Canada was subject 

 to appeal to Her Majesty in Council, and it is submitted that the 

 claimant should have exhausted his remedies existing under the 

 laws of Canada, and, having failed to do so, that he cannot reason- 

 ably invoke through his Government the jurisdiction of this 

 tribunal to inquire into and determine this claim. 



15. It is denied that the purseseine of the T^rgffmcfc Gerring Jr. 

 was set or that the fish enclosed therein, and with which the vessel 

 was engaged at the time of the seizure, were taken, caught or enclos- 

 ed in the net outside the limit of British territorial waters, and it is 

 averred on the contrary that the seine was set and that the oper- 

 ation of netting the fish took place wholly within three marine 

 miles of the coast. 



16. According to the case propounded by the United States 

 the only evidence that the fishing operations for which the Gerring 

 was condemned were begun beyond the limits of Canadian terri- 

 torial waters is the statement of Captain McKenzie of the 

 Vigilant, who also testifies that the Gerring was inside these 

 limits when seized by the Aberdeen. There is apparently an in- 

 terval of two hours or more between the time when the Vigilant 

 passed the Gerring and the time when the Aberdeen came alongside 

 of her, during which, if the position of the Gerring were as claimed 

 by the United States, she must have moved about two miles nearer 

 the coast. No sufficient reason is alleged to doubt the accuracy 

 of the bearings and locality of the Gerring as determined by Captain 

 Knowlton of the Aberdeen at the time of the seizure, and if, as 

 thought by some of the witnesses whose testimony is printed, the 

 Gerring could not in the existing conditions have drifted to that 

 position from the place where the Gerring claims to have 

 set her net, either she must during the interval have 



